Development agreements - Mandatory provisions
N.D. Cent. Code § 48-02.1-09
in effect48-02.1-09. Development agreements - Mandatory provisions
A development agreement must require:
1. That the plans and specifications for the fee-based facility satisfy the public authority's
standards of construction for infrastructure of the same functional classification;
2. For fee-based facilities to be incorporated into the existing infrastructure, that any
applicable department or authority review and approve the facility to the same extent
as it would for a similar publicly constructed facility;
3. That, after public notice, the private operator manage and operate a fee-based facility
in cooperation with the applicable public authority and subject to any bylaws that the
public authority and the private operator may from time to time mutually agree upon;
4. That the fee-based facility be subject to regular safety inspections by the applicable
public authority;
5. That the anticipated fees, rental income, and revenues from the operation of the
facility, or other sources of funding, or any combination thereof, be sufficient to pay the
maintenance and operation costs for the facility, and principal of and interest on any
evidence of indebtedness to finance the facility; and
6. Any other provisions negotiated by the parties.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t48c02-1.pdf#nameddest=48-02p1-09Fetched: 10/16/2026